Jonathan Moyo blocked

THE Zimbabwe Electoral Commission (Zec) was on Tuesday interdicted from conducting a recount of ballots for Tsholotsho North constituency, where Zanu PF politburo member Jonathan Moyo lost to Roselene Nkomo of the MDC-T.

Nduduzo Tshuma

Nkomo’s lawyers, Phulu Ncube Legal Practitioners, also filed for an application for review of the decision to hold the recount that would be heard in the High Court today.

The recount was initially meant to be held in Tsholotsho yesterday.
In the interim relief, Bulawayo High Court judge Justice Lawrence Kamocha barred Zec from conducting a vote recount in the constituency without an order of such effect from the Electoral Court and finalisation of the application of review.

“Pending the finalisation of the application for review under cover of case number EC25/13, 2nd respondent (Zec) and or its officials, functionaries, employees, agents or assignees be and are hereby interdicted from conducting a vote recount of the Tsholotsho North constituency vote,” he ordered.

In the application for review in terms of Section 161 (1) (b) of the Electoral Act, Chapter 2:13, Nkomo’s lawyers argue that the manner in which Zec reached a decision to hold a recount in the constituency was not transparent.

The lawyers argue that the decision was, “in the circumstances, unreasonable, such that a reasonable administrative body, faced with the same circumstances, would not have reached such decision as 2nd respondent (Zec) reached”.

The lawyers said Zec’s decision was ultra vires (beyond the legal power of) the provisions of Section 67A of the Electoral Act, Chapter 2:13”.

The legal representatives argued that Zec’s decision to reopen and recount the Tsholotsho North constituency vote unlawful, as it had not been ordered by the Electoral Court in terms of Section 70 (4) of the Electoral Act, Chapter 2:13.

They further argued that Zec’s decision exhibited “bias or a reasonable perception of bias”.

In her founding affidavit, Nkomo says she came across a notice in the State-owned Sunday News newspaper, where Zec said it would engage in a recount of the constituency, following a request.

She said the vote recount was purportedly in terms of 67A of the Electoral Act, Chapter 2:13, which provides, among other things, that within 48 hours after a constituency elections officer has declared a candidate duly elected, any political party or candidate who contested the election may request a recount of the votes cast in one or more polling stations in the constituency.

She said she had been advised that a request for a vote recount in one or more polling stations is provided for specifically by Section 67 (A) (1) of the Electoral Act, Chapter 2:13.

“I am further advised that such a request for a recount shall be in writing and signed by the appropriate representative of a political party or candidate making such a request and that such political party or candidate who requests a recount should specifically state the number of votes he or she believes to have been miscounted and possibly how miscounting may have occurred,” Nkomo said.

She said the political party or candidate requesting a recount must state how the alleged miscount affected the election results.

“Further, more importantly, and in terms of Section 67 A (3) (A), the 2nd respondent (Zec), upon receipt of a request to recount votes, must immediately proceed to notify all these, be they, political parties of individual candidates, who contested the elections of the nature of the request for a vote recount, and the date and time on which 2nd respondent received such request,” Nkomo said.

She said it was only when Zec considers that there were reasonable grounds for believing that the alleged miscount of votes, “in fact occurred, and that such miscount affected the result of the election, that 2nd respondent may order a vote recount”.

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39 Comments

  1. Inga camwe vari kubvuma kudyiwa wani. zvaita sei nhai moyo. Maiti munosvika kupi nenharo dzenyu idzodzo. chivuramai mumirire ma election anotevera kwapera makore mashanu chete. zvichida mucha whina henyu sorry for the loss but ndizvo zvinowanikwa mu politics.

  2. Jonathan Moyo and used tissue have no difference. No one wants it anymore

  3. Ko iye Rita haazivi mutemo here? Why not advise complainants accordingly?

  4. Jonathan Moyo should know that he was enjoying a borrowed previlege. He became an MP through marrriage of convenience with MDC in 2008 a feat he later detrayed and took the seat to zanu pf

  5. Sour grapes,Mr Moyo.You have to eat humble pie and concede defeat just like what Welshman Ncube did.

  6. It never rains bt it pours 4 Jonathan Moyo. Dai VaMgabe vatora huProffessor hwake vakapa Chinotimba bcoz akahwina.

    1. Kirimu Dhonanzi

      Well Chinoz will be the new Minister of Higher Education. On a more serious note, I think Lovemore Madhuku has been promised the post of Attorney-General by Bob. That would explain his irrational support for Mugabe and ZANU PF!

      1. zec vs Tsvangison

        It’s not irrational support for Mugabe and Zanu pf. but, simply a genuine advice to Tsvangison in the aftermath of his plebiscite humiliating defeat. He is failing to handle defeat. If, MRS Nkomo is defending her seat in the same election Tsvangirai regards as a ‘great farce’, then it shows how contradictory this party is.

  7. Remember the MDC-T’s petitions will also face the same law, there is no need to ridicule Moyo. The law of precedence always prevails.

    1. Makombe you are a very sick individual, what law of precedence are you talking about here. Get a life. You are worse than Chinotimba!!!
      Your Prof failed to win even when the election was rigged in his favour!

  8. Mushonga Kabudura.

    Zvaiwana ngwarati kudya ivete, kana kuti nguruve ino kangwa nemafuta ayo.Moyo anozviti anoziva, konhasi zvaenda nekupi?Aka kangira nyimo vane meno, avo vana Chinotimba.Ndozvinonzi nevafana vemazuvano,’Tohudzatsa isu ma’grade 7 ma’form 4 achinwa masese.’

  9. VaMakombe, its written all over that MDC-T is being told to accept defeat and move on,ZANU does not want to hear any nonsense of recounts and vote rigging,reruns and so forth.
    Precedence my foot, why apply the law selectively, everyone wants a recount ,so lets just have a rerun of the entire elections then! Go well Prof. Moyo i tnink they need your brains at U.Z,MSU and other universities across the country.

    1. What brains my foot. The nutty prof does not have GCE O Levels. He attended, like Chombo, a community college in the USA.

  10. Kikikikikikikikiki Jonathan Moyo!!!! You helped others to rig in their constituencies yet you fail to rig in yours. How did you get your professorship? You are the dumpiest professor I have ever seen and heard. Anyway, the truth is you have to wait for five years professor. After all you are the enemy of the people so no one is crying with you even your party members.

  11. What a hypocrite, you insult Botswana for requesting an audit of the elections and yet yo want to have your own constituency results audited. Uhlanya lolu!!

    1. Sim apa wataura. Zvarwadza Moyo. kikkkkkkkk

    2. Nice one, was also surprised at the hypocricy.

  12. Lesson 1. All elections are an advance auction sale of stolen goods.
    Lesson 2. Elections are not meant to change anything otherwise if they did, they would be banned.
    Lesson 3. A good judge knows the law while a clever judge knows the Presdent.

    1. Well said

  13. Prof Jonah should just bear in mind that Zanu Pf is now clever and it will wont put trust on untrustworthy and greedy people like him and Dr Phill. These are rotten eggs . The party can not allow to throw 1000 eggs simply because there are two rotten eggs in a bag. He is the one who masterminded and administered the Tsholothso Declaration. He was not touched but the party was aware. He disregarded party principles in 2008 and contested as an independent. Dr Phil on the other hand sold confidential secretes!!!Away with Prof and Dr!!!

    1. Professor my butt, this idot played a huge role as far as Zimbabwe’s downfall is concerned….he wet his bed…let him lie in it!

  14. The bible states it very clear kuti mucheri wegomba ndiye achawira mariri….He did the best for people like Chinotimba and forget to rig for his constituency…poor Proff

  15. The Gukurahundi issue has been put to rest Matebeleland has resoundingly forgiven Mugabe by voting him to cover up his tracks.

  16. we don’t want u coz u r dull I wonder how u obtained yo professorship may be rigging.

  17. 2months 4mugabe in office isiphorofitha sithi uzakufa so lingakhali mazimbabwe amahle ujona kagoqe umsila

  18. Madhuku, ‘Antony General’? Mai we, ndoto kanda mapfumo pasi. Asi purizi, musanhonge mapfumo angu – I will use them in 2018!

  19. This Makarau is turning out to be a simpleton, how can you just order a recount simply becoz Zanu Pf says so!!

  20. uz has prepared an office for you, mutambara and prf ncube

  21. The good professor who some say is smart enough to slit his own throat must learn to grovel at the foot of the seat of power fast..Remember this gem of Darwinian wisdom..”It is not the strongest or the most intelligent of the species that survice, rather it is those that adapt to their enviroment”..OK, maybe Darwin might not be the best to learn from given his racist tendencies but hey, get ready from some real grovelling.

  22. in the meantime chiyangwa must continue with his good works in chinhoyi in preparation for 2018, his chicken and piggery projects, his fund at c.u.t. and achapel he promised to build at uz long back

    1. Sesivotile amafekithali kawavulwe phela ngoba nanku izimali sezisebenza ec.u.t. abantu bezeco bengaphiwanga ezabo. You develop one part of the country, then development is not complete

  23. to jonathan I say those people you bought beer at sipepa business centre on 28 july, you forgot make sure they are all registered voterswhen the drank ingwebu the whole night

  24. Oliver wekaMutare

    Jonathan Mudhi—dh…..i

  25. Jonathan, the political chameleon, is most likely to be preparing to deploy what is normally a chameleon’s most useful organ, the tongue. However, the ugly and filthy sticky end doesn’t seem to be very effective anymore as most prey has now mastered the art of wriggling free, in one piece and unscathed.

  26. Some bigwigs in zanu pf are saying ‘good riddance’ to you Jonathan. You were never a popular guy anyway.

  27. SIYANAI NAjONA WANGU. KIKIKIKI

  28. The system is not forgetful Jona, u can’t fool ppl all the time

  29. they drank your beer and then ….they forgot to go and vote.ibhabhalas.

  30. prof,u buy beer for pple so that,they can vote for u.no on the election day their visions we blurred and they put their x wrongly..sory thn..kikikikikiki

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